Section 15-4-4 - Death of nonresident appellant pending appeal--Revival and substitution of representative required to avoid affirmance

15-4-4. Death of nonresident appellant pending appeal--Revival and substitution of representative required to avoid affirmance.When an intestate not being an inhabitant of the state shall die not leaving assets therein and there shall be pending in the Supreme Court an appeal brought by such intestate from a judgment against him, the court in which such appeal is pending may order the judgment appealed from affirmed with costs, unless the attorney for the intestate on said appeal procure such action to be revived within six months after notice to proceed with such appeal by the substitution of a representative in said action. Source: SDC 1939 & Supp 1960, §33.0414.